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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff alleged that the plaintiff resided as a lessee of the building of this case while paying KRW 20 million at the cost of repairing the building, and currently occupies the building.
The plaintiff paid necessary expenses for the above leased building, and there is a lien that covers the right to demand reimbursement of necessary expenses as the preserved bond, so that the existence of the lien is confirmed.
2. Determination
A. In full view of the purport of the entire pleadings, the following facts are recognized in each entry of Gap evidence Nos. 1 to 4 and Eul evidence Nos. 1 to 4 (including additional evidence number).
1) On November 22, 2006, the Plaintiff entered into a lease agreement with the former owner of the instant building and the lessor B, setting the lease deposit amount of KRW 85 million and the lease period of KRW 85 million for the building from January 20, 2007, and resided in the said building from that time to that time. 2) While the said agreement was explicitly renewed, the Plaintiff entered into a lease agreement with B on October 19, 201 with the content that the lease deposit was changed from KRW 85 million to KRW 15 million, and paid KRW 20 million for the additional lease deposit.
3) At the time of the above alteration contract, B repaired the instant building. B received KRW 20 million from the Plaintiff, and prepared and issued a receipt for the receipt of KRW 20 million to the Plaintiff, and stated that “The replacement and repair cost for the instant building will be returned to the deposit money at the time of request for the return of the deposit for lease.” 4) After which the auction procedure was conducted on November 22, 2016, the Defendant was awarded a successful bid, and the Plaintiff received a report on the right to KRW 15 million for the deposit for lease at the above auction procedure, but the Plaintiff was paid a dividend of KRW 85 million as the first deposit for lease, and the Plaintiff was paid a junior creditor for KRW 20 million for the increased portion in accordance with the alteration contract as of October 19, 201.